The Commonwealth Court stands firm on employer credit/retroactivity.

The Pennsylvania Commonwealth Court ruled in favor of our employer client, holding that it was error to “erase” the 500-week employer credit provided by Act 111 for partial disability benefits paid beginning in 2008, and that the claimant’s 2019 reinstatement to total disability status did not retroactively convert those prior partial disability benefits into total disability benefits. 

Pennsylvania Supreme Court holds that claimant’s dram shop claim arose out of maintenance or use of a motor vehicle; therefore, employer was precluded from subrogating its payment of Heart and Lung Act benefits against claimant’s settlement of the claim.

In this case, the claimant, a police officer, sustained multiple injuries when his patrol car was struck by an intoxicated driver’s vehicle. The employer accepted liability for the injuries. What’s Hot in Workers’ Comp, Vol. 27, No.